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HomeMy WebLinkAbout03.e. Accept 2013 Wastewater Utility Service Capacity/Demand Report and adopt resolutionCentral Contra Costa Sanitary District BOARD OF DIRECTORS • L° . POSITION PAPER Board Meeting Date: November 7, 2013 Subject. ACCEPT THE 2013 WASTEWATER UTILITY SERVICE CAPACITY/ DEMAND REPORT AND ADOPT A RESOLUTION UPDATING THE POLICY REGARDING THE PROVISION OF WASTEWATER COLLECTION, TREATMENT AND DISPOSAL SERVICES TO RESIDENTIAL DEVELOPMENTS WITH AFFORDABLE HOUSING UNITS Submitted By. Initiating Dept. /Div.: Russell Leavitt, Engineering Assistant III Engineering /Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: T. Brightbill — Senior Engineer �l w D. Gemmell — Environmental Services Division Mgr. K. Alm R. Bailey Counsel for the District General Manager ISSUE: State law requires the District to give wastewater utility service priority to residential developments with affordable housing units and adopt a written policy on the subject at least once every five years thereafter. Staff has prepared a report detailing the District's ability to comply with this law and an updated resolution. RECOMMENDATION: Accept the attached report on the District's wastewater utility service capacity and anticipated demand and adopt a resolution updating the policy regarding the provision of wastewater collection, treatment, and disposal services to residential developments with affordable housing units. FINANCIAL IMPACTS: No impact. ALTERNATIVES /CONSIDERATIONS: The report is provided for informational purposes only. If not accepted, direction should be given to staff as to which aspects of the report require revision being returned to the Board. Likewise, reject or defer adoption of the resolution. Since the District must comply with State law, if the resolution is not adopted, direction should be given to staff as to which aspects of the proposed policy require further consideration before being returned to the Board. BACKGROUND: To comply with Government Code Section 65589.7 (SB 1087, 2005), on May 18, 2006, the District's Board of Directors approved Resolution 2006 -027, which established a written policy regarding the provision of wastewater collection, treatment, and disposal services to residential developments with housing units affordable to lower income households. This written policy needs to be adopted at least once every five years thereafter, and must contain specific objective standards for the provision of wastewater utility service. To implement the policy, the 2006 resolution required preparation of a wastewater utility service capacity /demand report for Board acceptance within six months. In November 2006, a report was prepared to comply with the requirements of Resolution 2006 -027. The 2006 report concluded that the District was capable of providing sufficient collection, treatment and disposal capacity for anticipated C: \Users \danderson\HppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP 2013 Report Policy 11 -7 -13 Final.doc Page 1 of 2 POSITION PAPER Board Meeting Date: November 7, 2013 subject: ACCEPT THE 2013 WASTEWATER UTILITY SERVICE CAPACITY/ DEMAND REPORT AND ADOPT A RESOLUTION UPDATING THE POLICY REGARDING THE PROVISION OF WASTEWATER COLLECTION, TREATMENT AND DISPOSAL SERVICES TO RESIDENTIAL DEVELOPMENTS WITH AFFORDABLE HOUSING demand to nearly the year 2035. The report also identified that the next such report would be prepared and presented to the Board in 2008, following completion of the next Association of Bay Area Governments (ABAG) Regional Housing Needs Assessment process, and then every five years after that. On December 4, 2008, the Board accepted the 2008 Wastewater Utility Service Capacity /Demand Report and adopted Resolution 2008 -114 updating the policy (adopted by Resolution 2006 -027) regarding the provision of wastewater collection, treatment, and disposal services to residential developments with affordable housing units. The attached 2013 report, which has been prepared to comply with the requirements of that 2008 resolution, clearly demonstrates that the wastewater collection, treatment and disposal needs of all housing, specifically planned through the year 2022, can be accommodated. RECOMMENDED BOARD ACTION: Accept the attached report on the District's wastewater utility service capacity and anticipated demand and adopt a resolution updating the policy regarding the provision of wastewater collection, treatment, and disposal services to residential developments with affordable housing units. Attached Supporting Documents: 1. 2013 Capacity /Demand Report 2. Proposed Resolution C:\ Users \dandersonWppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP 2013 Report Policy 11 -7 -13 Final.doc Page 2 of 2 ATTACHMENT 1 CENTRAL CONTRA COSTA SANITARY DISTRICT WASTEWATER UTILITY SERVICE CAPACITY /DEMAND REPORT NOVEMBER 2013 BACKGROUND On May 18, 2006, the Central Contra Costa Sanitary District's (District) Board of Directors approved Resolution 2006 -027, which established a written policy regarding the provision of wastewater collection, treatment, and disposal services to residential developments with affordable housing units. This policy was established to comply with Government Code Section 65589.7 (SB 1087, 2005), which requires public agencies to adopt a written policy giving public sewer services priority to proposed housing developments that help meet the regional need for lower income housing. The law also generally bars denial or the limitation of services solely because a proposed development includes affordable housing. This written policy needed to be adopted on or before July 1, 2006, re- adopted at least once every five years thereafter, and must contain specific objective standards for the provision of wastewater utility service. To implement the policy, the Board resolution required preparation of a wastewater utility service capacity /demand report for Board acceptance within six months. The purpose of the report was to identify the District's available wastewater collection, treatment and disposal capacity; anticipated demand for sewer services from lower income households; the necessary steps needed to address capacity shortfalls; and any necessary changes to the policy adopted by this resolution. In November 2006, a report was prepared to comply with the requirements of District Resolution 2006 -027. The report concluded that the District was capable of providing sufficient collection, treatment and disposal capacity for anticipated demand to nearly the year 2035. The report also identified that the next such report would be prepare and presented to the Board in 2008, following completion of the next Association of Bay Area Governments (ABAG) Regional Housing Needs Assessment process, and then every five years after that. On December 4, 2008, the Board accepted the 2008 Wastewater Utility Service Capacity /Demand Report and adopted Resolution 2008 -114 updating the policy (adopted by Resolution 2006 -027) regarding the provision of wastewater collection, treatment, and disposal services to residential developments with affordable housing units. The 2008 resolution continued to conclude that the District is capable of providing sufficient collection, treatment and disposal capacity for anticipated demand to nearly the year 2035, and that the wastewater collection, treatment and disposal needs of all C:\ Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G\2013 Capacity- Demand Report 11 -7 -13 Final.doc housing specifically planned through the year 2014 can be accommodated. The resolution also required that, at least once every five years hereafter, the District prepares an updated wastewater utility service capacity /demand report for Board acceptance. The attached 2013 report has been prepared to comply with that schedule WASTEWATER CAPACITY There are three components to wastewater utility service: collection, treatment and disposal. Each component has its own capacity considerations. Collection The District serves about a 144 square mile area generally located about 30 miles east of San Francisco. The District's service area includes approximately 332,600 residents of the communities of Alamo, Danville, Lafayette, Martinez, Moraga, Orinda, Pacheco, Pleasant Hill, San Ramon and Walnut Creek. The District also treats wastewater for an additional 134,900 residents of the Concord /Clayton area under a 1974 contract with the City of Concord. About 82 percent of the District's customers are residential. The remaining 18 percent are primarily commercial, office, and institutional customers, with less than one percent industrial. To collect wastewater from its customers, the District owns and maintains about 1,500 miles of sewer pipeline, ranging in size from 6 inches to 120 inches in diameter; and 19 sewage pumping stations. The available, dry weather capacity in the collection system varies by location. Factors affecting available capacity include pipe size, slope, wastewater flows from existing land uses, groundwater infiltration, structural condition, and the extent to which non - structural elements, such as roots and grease buildup constrain the flow - carrying ability of the pipelines. To track available capacity, the District uses a capacity - modeling program —Sewer Network Analysis Program (ArcSNAP) —to assess the impacts of proposals for localized development in areas of known or anticipated capacity deficiencies or current, high - maintenance facilities. Other reasons for conducting a capacity analysis are when there is a structural failure in a pipe, an overflow in the system, or when the District's Collection System Operations Department maintenance requests indicate a persistent and continuous problem. Periodically, the District also prepares comprehensive capacity analyses of the trunk sewer and interceptor systems and the pumping stations as part of a Collection System Master Plan or Pumping Station Master Plan. To preserve design capacity, the District has an extensive sewer system maintenance program, with each line scheduled for cleaning at a frequency of between one month and ten years. Also, the District annually budgets for replacement of a portion of the collection system that is substantially deteriorated or high maintenance. C:\ Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G\2013 Capacity- Demand Report 11 -7 -13 Final.doc Treatment and Disposal In 2002, the District received approval from the Regional Water Quality Control Board, San Francisco Bay, to increase its permitted average dry weather flow (ADWF) effluent discharge limit from 45 million gallons per day (mgd) to 53.8 mgd, based on a secondary level of treatment. ADWF is the average daily discharge during the three consecutive months of the calendar year with the lowest discharge quantities, usually the mid- to late summer months. There are two components to ADWF: population - generated, base wastewater flow (BWF) and groundwater infiltration (GWI). The District's 2002 environmental impact report (EIR) on that requested discharge limit increase noted that an evaluation of the wastewater treatment plant determined that the reliable physical capacity of the wastewater treatment plant is 55 mgd because that is the wastewater volume that would produce the maximum quantity of biosolids the District would be allowed to incinerate under the District's current air quality permit with the Bay Area Air Quality Management District (BAAQMD). The 53.8 mgd discharge limit request was based on buildout of then - planned growth, which was expected to result in an increase in served population of approximately 111,000 by the year 2035, resulting in a total served population of 527,000. The actual 2012 ADWF was 33.2 mgd from a population of about 467,500 and a low level of GWI. Approximately three mgd of the effluent was not discharged to Suisun Bay, but further treated and recycled for use at the treatment plant and in the nearby community. ANTICIPATED DEMAND "Proposed developments that include housing units affordable to lower income households" means that dwelling units shall be sold or rented to lower income households, as defined in Section 50079.5 of the Health and Safety Code, at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code. Table 1 presents the Regional Housing Needs Allocation developed by ABAG for land use planning jurisdictions within the District's service area for the 2014 -2022 housing planning cycle. These numbers indicate that 4,405 housing units for very low and low - income household are anticipated during this planning cycle and 10,011 housing units overall. The law, however, could be interpreted to mean that the District must give priority to an entire proposed development that includes affordable housing units; not just to the affordable housing units. Hypothetically, if a 100 -unit residential development were to include even a few affordable housing units, the District may need to give priority to the entire development. Since it cannot be known how many "non- affordable units" might be linked to an affordable housing project, the overall goal of 10,111 housing units also should be considered. C:\ Users \dandersonWppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G\2013 Capacity- Demand Report 11 -7 -13 Final.doc 3 The BWF and GWI that would be produced by these sets of housing units also are presented in Table 1. To convert projected housing units to future wastewater flow, it is assumed that the 4,405 very low and low housing units will be multi - family and the remaining 5,600 are single family. The District's 2010 Collection System Master Plan Update calculated BWF at 105 gallons per day for multi - family units and 195 gallons per day for single - family units. TABLE 1. ABAG HOUSING NEEDS ALLOCATION WITHIN DISTRICT SERVICE AREA, 2014 -2022 AND PROJECTED WASTEWATER GENERATION Applying these flow rates to the 2014 -2022 ABAG housing estimates, the affordable units would have an added burden of 0.46 mgd, the other residential units would add 1.09 mgd, and the total would be 1.55 mqd. The 2010 Collection System Master Plan Update presents a summary of 2008 land use and flow rates. Using this data, the proportion of residential and non - residential flow can be estimated at 22.3 percent, so an additional 0.35 mqd should be added for the growth in non - residential flow (22.3% x 1.55 mgd). If these amounts, totaling 1.9 mqd, were added to the year 2012 ADWF of C:\ Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G\2013 Capacity- Demand Report 11 -7 -13 Final.doc 4 VERY LOW LOW MODERATE ABOVE MODERATE TOTAL Clayton 51 25 31 34 141 Concord 798 444 559 1,677 3,478 Danville 196 111 124 126 557 Lafayette 138 78 85 99 400 Martinez a 124 72 78 195 469 Mora a 75 44 50 60 229 Orinda 84 47 54 42 227 Pleasant Hill 118 69 84 177 448 San Ramona 516 279 282 340 1417 Walnut Creek 604 355 381 895 2,235 Unincorporated 374 [112] 218 [65] 243 [73] 532 [160] 1,367 [410] b Totals 4,405 5,600 10,011 RESIDENTIAL BASE 0.46 mgd 1.09 mgd 1.55 mgd WASTEWATER FLOW (BWI) (c) (a) Wastewater service for these cities is shared by the District and other agencies. This analysis assumes, worst -case, that all units are built in the portion of these cities served by the District. (b) Wastewater service in the unincorporated areas is shared by the District and other agencies. This analysis assumes that the District will serve only the portion of these units shown in [brackets]; this portion was determined based on the District's estimated 30 percent share of the overall unincorporated population. (c) Assumes that the very low and low housing units will be multi - family and the remainder is single family. Wastewater generation factors of 105 gallons per day for multi - family units and 195 gallons per day for single - family units are used. Applying these flow rates to the 2014 -2022 ABAG housing estimates, the affordable units would have an added burden of 0.46 mgd, the other residential units would add 1.09 mgd, and the total would be 1.55 mqd. The 2010 Collection System Master Plan Update presents a summary of 2008 land use and flow rates. Using this data, the proportion of residential and non - residential flow can be estimated at 22.3 percent, so an additional 0.35 mqd should be added for the growth in non - residential flow (22.3% x 1.55 mgd). If these amounts, totaling 1.9 mqd, were added to the year 2012 ADWF of C:\ Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G\2013 Capacity- Demand Report 11 -7 -13 Final.doc 4 33.2 mgd, the year 2022 effluent discharge would be 35.1 mqd, which would still be substantially below the District's 53.8 mgd limit. Future increases in GWI or substantial increases in non - residential wastewater could adversely affect this total, though a review of flow data indicates that both GWI and non - residential wastewater flow rates appear to be declining. These flows are reviewed annually, which should allow ample warning if the current trends change. STEPS NEEDED TO ADDRESS CAPACITY SHORTFALLS Collection When collection system capacity shortfalls are identified, the District can require improvements to be made directly by developers of nearby projects. If the capacity deficiencies are too far downstream from an active project site to be considered a direct impact of a development project, the District includes funding for such improvements in its Capital Improvement Plan Treatment and Disposal As discussed above, the District's effluent discharge limit can accommodate all anticipated residential and non - residential growth anticipated during the years 2014- 2022. In fact, the District's 53.8 mgd discharge limit should be adequate for the next several decades. Under worst -case groundwater conditions, the discharge limit could be reached a few years sooner than 2035, due to the increase in planned growth since the limit was approved in 2002. This additional planned growth, however, could be partially or completely offset by the increased water conservation that is already occurring and expected to continue, as well as by expected increases in the use of recycled water. Also, worst -case groundwater conditions are not likely to be consistently sustained for a continuous number of years, but the District is required to stay below its effluent discharge limit. NECESSARY CHANGES TO THE POLICY No changes are necessary to the policy at this time. The District can continue to serve customers on a first -come, first -serve basis without the need to prioritize connections based on the affordability level of residential developments. To comply with the law's five -year review requirement, the next Wastewater Utility Service Capacity /Demand Report will be prepared and presented to the District Board of Directors by the end of 2018. C:\ Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G\2013 Capacity- Demand Report 11 -7 -13 Final.doc 5 ATTACHMENT 2 RESOLUTION NO. 2013 - 63` A RESOLUTION ADOPTING A POLICY REGARDING THE PROVISION OF WASTEWATER COLLECTION, TREATMENT AND DISPOSAL SERVICES TO RESIDENTIAL DEVELOPMENTS WITH AFFORDABLE HOUSING UNITS WHEREAS, Central Contra Costa Sanitary District (District) is committed to the fair and equitable provision of wastewater collection, treatment, and disposal services to persons and entities within its jurisdiction, in conformity with state law and the District Code; and WHEREAS, Government Code Section 65589.7 requires the District to adopt, at least once every five years, a written policy (i) granting or providing priority for the provision of public sewer services to proposed housing developments that help meet the regional need for lower income housing, and (ii) barring the denial or the conditioning of approval of an application for services or reducing the amount of the services applied for, solely because a proposed development includes affordable housing components, except in limited circumstances. BE IT RESOLVED by the Board of Directors of the District as follows: 1. That the "Central Contra Costa Sanitary District Policy Regarding the Provision of Service to Residential Developments with Affordable Housing Units," a copy of which is attached hereto, is hereby approved and adopted. 2. That the District's Policy shall govern the manner in which wastewater collection, treatment, and disposal services are provided to proposed residential housing developments within the District's jurisdiction that address the needs of lower income households. 3. That at least once every five years hereafter, the District shall prepare a report for acceptance by the Board of Directors identifying such factors as the available collection, treatment and disposal capacity, anticipated demand for sewer services from lower income households, the necessary steps needed to address capacity shortfalls, and any necessary changes to the policy adopted by this resolution. 4. That each portion of this resolution is severable. Should any portion of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall be and continue in full force and effect. Resolution No. 2013-03(o Central Contra Costa Sanitary District Page 2 of 4 PASSED AND ADOPTED this 7t" day of November 2013 by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James A. Nejedly President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme, CIVIC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to Form: Kenton L. Alm, Esq. Counsel for the District Resolution No. 2013-013(e Central Contra Costa Sanitary District Page 3 of 4 CENTRAL CONTRA COSTA SANITARY DISTRICT POLICY REGARDING THE PROVISION OF SERVICE TO RESIDENTIAL DEVELOPMENTS WITH AFFORDABLE HOUSING UNITS Policy Background: Pursuant to Government Code Section 65589.7, the Central Contra Costa Sanitary District (District) is required to adopt a written policy (i) granting or providing priority for the provision of public sewer services to proposed housing developments that help meet the regional need for lower income housing and (ii) barring the denial or the conditioning of approval of an application for services, or reducing the amount of the services applied for, merely because a proposed development includes affordable housing components, except in limited circumstances. The Policy set forth herein conforms to this mandate. 2. General Service Policy: To the extent practical, the District shall provide or allow to be provided wastewater collection, treatment, and disposal facilities that: a) Have sufficient capacity to accommodate the demand from land uses approved in the General Plans of the land use planning jurisdictions within the District's service area, and b) Are located so as to serve all existing or approved development within the District's service area and all customers contracting with the District for service, provided gravity service is feasible. Collection service by gravity sewers is preferred to community pumping systems for financial and environmental quality reasons. Board approval is required to establish a community pumping system. Such approval shall not be based on the presence or absence of housing affordable to low income households. The Board may condition its approval by requiring a community pumping system to be temporary and mandating connection to a gravity sewer when it later becomes available. 3. Provision of Service During Times of Excess Capacity. In times of excess wastewater collection, treatment and disposal capacity, the District shall review and provide or permit the provision of public sewer service to residential housing developments on an income - neutral basis. Upon an applicant's payment of applicable fees or the execution of a contract to that effect with the District, the District shall permit public sewer service to eligible customers in the order of an application's submission, subject to the general restrictions set forth herein and the income - neutral requirements of the District Code. 4. Provision of Service During Times of Limited Capacity or Ability to Provide Service: In the event of service limitations due to capacity or regulatory constraints, service priority shall be given to planned developments that include housing units affordable to lower income households in accordance with Government Code Section 65589.7 (SB 1087, 2005), and the limitations set herein. Resolution No. 2013 -03` Central Contra Costa Sanitary District Page 4 of 4 5. Service Approval and Application Review. The District shall not deny or condition the approval of an application for services to or reduce the amount of services applied for by a proposed development that includes housing units affordable to lower income households, unless the District makes specific written findings that the denial, condition or reduction is necessary due to the existence of one or more of the following: (a) The District does not have sufficient treatment or collection capacity, as demonstrated by a written engineering analysis and report on the condition of the treatment or collection works, to serve the needs of the proposed development. (b) The District is under an order issued by a regional water quality control board that prohibits new sewer connections. (c) The applicant has failed to agree to reasonable terms and conditions relating to the provision of service generally applicable to development projects seeking service from the District, but not limited to, the requirements of local, state, or federal laws and regulations or payment of a fee or charge imposed pursuant to Government Code Section 66013. 6. Required Report: At least once every five years, the District shall prepare a report for acceptance by the Board of Directors identifying: (a) Available collection, treatment, and disposal capacity; (b) The anticipated demand for wastewater utility service by planning housing units affordable to lower income households; (c) Any public or private action steps necessary to accommodate such demand is adequate capacity is unavailable; and (d) Any changes to these policies or procedures necessary for implementing this service requirement. Preparation of this report shall take into account information available in the General Plans of the land use planning jurisdictions within the District and pertinent District plans and documents, such as the Collection System Master Plan, the Treatment Plant Master Plan, the District's NPDES Permit, collection system capacity model, and treatment plant operational statistics and analyses. 7. Adopt Policy: Following acceptance of the above report, the Board of Directors shall re -adopt a written policy regarding the provision of wastewater collection, treatment, and disposal services to residential developments with housing units affordable to lower income households.